Housing Type

See Decision

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

L&T 59517-20

Petitioner

Florence F Litchmore-Smith

Respondent

Patricia Lewis; "John Doe I," "John Doe 2," "John Doe 3," "John Doe 4," "John Doe 6," and "Jane Doe"

Judge

Cohen, Hannah

Decision/Order Date

2021-07-23

Synopsis

This is Rebecca Arian’s case. It is a lease expiration holdover that also includes allegations of nuisance. Rebecca’s client filed a hardship declaration. The landlord argued that the stay should be vacated due to numerous allegations of nuisance and misconduct. Rebecca cross-moved to dismiss and argued that the stay should continue. The court, while not noting the distinction between the failure to state a cause of action and lack of a cause of action (which is the argument Rebecca made) dismissed the case. The court reasoned that the stay is irrelevant because it is intended to prevent evictions and dismissal of the case does not put the tenant at risk of eviction. (Seems like CEEFPA requires stay issue be decided first and case shouldn’t be heard at all unless found to be an exception to hardship stay provision-deciding case violates stay and puts clients closer to next eviction proceeding).

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